Appointment of NonImmigrant Faculty Policy

Policy No.: OFA-7
Policy Name: Appointment of NonImmigrant Faculty
Responsible Office: Office of the Provost - Office of Faculty Affairs
Effective Date: June 5, 2024

Fordham University’s Office for International Services (OIS) and the Office of Legal Counsel (OLC) act for the University in all matters concerning immigrant and nonimmigrant visas for nonimmigrant faculty and researchers with academic appointments.

The University is constrained by the regulations of the United States government and by the Immigration Reform and Control Act of 1986, which sanctions employers for employing individuals not authorized to work in the United States, by the Immigration Act of 1990, and by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Success in obtaining approval of petitions is dependent upon responsible adherence to law, regulation, and procedures. It is essential that individual departments/schools within the University and all those with authority to recruit and hire understand the procedures, time frames, and restrictions involved in the appointment of nonimmigrant faculty and researchers and plan accordingly.

Any individual who is not already a U.S. citizen or U.S. permanent resident or does not have a status that allows for work authorization must have Fordham University visa sponsorship to be employed by Fordham. Any appointment at Fordham is contingent upon obtaining appropriate visa status, and the U.S. government is the final arbiter of all immigration-related cases. All appointments, at whatever level in the University they are made, are contingent upon the prospective employee obtaining the appropriate immigration status, and the term of appointment may not exceed the duration of the employee’s immigration status.

(1) Nonimmigrant Visa

Nonimmigrant visas can be provided to both tenure/tenure track and nontenure track full-time faculty. OIS will request information to determine the appropriate nonimmigrant visa and provide instructions on how to secure nonimmigrant status, which will allow employment by the University.

(2) Immigrant Visa

OLC generally provides immigrant visa sponsorship to only tenure-track faculty who have successfully completed their first reappointment at the University and have the support of their Chair and Dean. Deans of the hiring schools should contact the Office of Faculty Affairs (OFA) to initiate consideration of where an application may be made for an individual. Once approved, OFA will authorize the green card process and communicate to OLC to begin the process.

The University will only provide financial support for green card processing for one application and its related processes. If the faculty member abandons the green card process by leaving the university before the finalization of the green card or if they leave the University within three years of receiving their green card, the University will recoup all costs, including attorney and legal fees, to the extent permissible by law.

The University’s success in obtaining temporary and permanent visas for its employees is dependent upon the timely filing of the appropriate documents with the U.S. government agencies. Departments initiating the sponsorship of nonimmigrant employees must consult with the OIS prior to making a formal offer to a nonimmigrant to ensure that he or she is eligible for the nonimmigrant classification necessary to accept the appointment for its full term.

Once eligibility is established, OIS will advise the department of the procedures and time frames expected for the visa requested and facilitate the timely filing of applications. In order to ensure that faculty members have appropriate work authorization before the semester begins, departments/schools should complete the hire of new faculty by June 30. If the hire date is beyond June 30, the department should contact OIS to determine the feasibility of obtaining the visa before the semester begins. The University’s general practice is not to use premium processing for all types of visa applications.

Nonimmigrant employees may perform only those functions and responsibilities that are consistent with the appointment and authorized by the U.S. Citizenship and Immigration Services. They may begin performing services only after having obtained all necessary government approvals to be employed at the University.